Police Reform and Social Responsibility Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Police Reform and Social Responsibility Bill

Police Reform and Social Responsibility Bill
Schedule 15 — Minor and consequential amendments in relation to Part 1
Part 3 — Other enactments
168

136
In section 73 (matters referred to monitoring officers), omit subsection (6).
137   (1)
Section 81 (disclosure and registration of members’ interests etc) is amended
in accordance with this paragraph.
      (2)
In subsection (7)(b), omit “or a police authority in Wales”.
      (3)
In subsection (8), omit “(other than police authorities)”.
5
138   (1)
Section 82 (code of conduct for local government employees) is amended in
accordance with this paragraph.
      (2)
In subsection (1), omit “and police authorities in Wales”.
      (3)
In subsection (2), omit “(other than police authorities)”.
139
In section 83 (interpretation of Part 3), in subsection (1), omit the definition
10
of “police authority”.
Police Reform Act 2002
140
The Police Reform Act 2002 is amended as follows.
141   (1)
Section 10 (general functions of the Commission) is amended in accordance
with this paragraph.
15
      (2)
In subsection (1), in paragraphs (a) and (f), for “police authorities” substitute
“local policing bodies”.
      (3)
In subsection (3)(d), for “police authority” substitute “local policing body”.
142
In section 11 (reports to the Secretary of State), in subsections (6)(a), (7)(a),
(9) and (10)(b), for “police authority” substitute “local policing body”.
20
143
In section 12 (complaints, matters and persons to which Part 2 applies), in
subsection (7)—
(a)
after paragraph (a) insert—
“(aa)
he is a civilian employee of a police force”;
(b)
in paragraph (b), for “police authority” substitute “the Common
25
Council of the City of London”.
144
In section 14 (direction and control matters)—
(a)
in subsection (2), for “police authorities” substitute “local policing
bodies”;
(b)
in subsection (3), for “police authority” substitute “local policing
30
body”.
145   (1)
Section 15 (general duties of police authorities, chief constables and
inspectors) is amended in accordance with this paragraph.
      (2)
In the title, for “police authorities” substitute “local policing bodies”.
      (3)
In subsections (1)(a) and (3)(a), for “police authority” substitute “local
35
policing body”.
      (4)
In subsection (3)(c), for “police authority” substitute “local policing body”.
      (5)
In subsections (4)(a), (5)(a), (6) and (8A), for “police authority” substitute
“local policing body”.

Police Reform and Social Responsibility Bill
Schedule 15 — Minor and consequential amendments in relation to Part 1
Part 3 — Other enactments
169

146   (1)
Section 16 (payment for assistance with investigations) is amended in
accordance with this paragraph.
      (2)
In subsection (3)—
(a)
for “police authority” (in each place) substitute “local policing body”;
(b)
in paragraph (b)(i), for “police authorities” substitute “local policing
5
bodies”.
      (3)
In subsection (4)—
(a)
for “police authority” substitute “local policing body”;
(b)
in paragraph (b)(i), for “police authorities” substitute “local policing
bodies”.
10
      (4)
In subsection (5), for “police authority” substitute “local policing body”.
      (5)
In subsection (6), for “police authorities” (in each place) substitute “local
policing bodies”.
147   (1)
Section 16A (police investigations: National Police Improvement Agency
involvement) is amended in accordance with this paragraph.
15
      (2)
In subsection (1), for “police authority” substitute “local policing body”.
      (3)
In subsection (7)—
(a)
for “police authority” substitute “local policing body”;
(b)
in paragraph (b)(i), for “police authorities” substitute “local policing
bodies”.
20
148
In section 17 (provision of information to the Commission), in subsections
(1)(a), (2), (4) and (6), for “police authority” substitute “local policing body”.
149
In section 18 (inspections of police premises on behalf of commission)—
(a)
in subsection (1)(a), for “police authority” substitute “local policing
body”;
25
(b)
in subsection (5)(b), for “police authorities” substitute “local policing
bodies”.
150
In section 20 (duty to keep the complainant informed), in subsection (8), for
“police authority” substitute “local policing body”.
151   (1)
Section 22 (power of Commission to issue guidance) is amended as follows.
30
      (2)
In subsection (1)(a), for “police authorities” substitute “local policing
bodies”.
      (3)
In subsection (3), for paragraph (a) substitute—
“(a)
such persons as appear to the Secretary of State to represent
the views of police and crime commissioners;
35
(aa)
the Mayor’s Office for Policing and Crime;
(ab)
the Common Council;”.
152
In section 23 (regulations), in subsection (2)(n), for “police authorities”
substitute “local policing bodies”.
153
In section 24 (consultation on regulations), for paragraph (b) substitute—
40
“(b)
such persons as appear to the Secretary of State to represent
the views of police and crime commissioners;
(ba)
the Mayor’s Office for Policing and Crime;

Police Reform and Social Responsibility Bill
Schedule 15 — Minor and consequential amendments in relation to Part 1
Part 3 — Other enactments
170

(bb)
the Common Council;”.
154   (1)
Section 26 (forces maintained otherwise than by police authorities) is
amended in accordance with this paragraph.
      (2)
In the title, for “police authorities” substitute “local policing bodies”.
      (3)
In subsections (1)(b) and (2), for “police authority” substitute “local policing
5
body”.
155
In section 29 (interpretation of Part 2), in subsection (1)—
(a)
in the definition of “appropriate authority”—
(i)
for “a senior officer” (in each place) substitute “the chief
officer”;
10
(ii)
for “police authority” (in each place) substitute "local policing
body”;
(b)
in the definition of “relevant force”, for paragraph (a) substitute—
“(a)
if that authority is a local policing body, the
police force which the body is responsible for
15
maintaining; and”;
(c)
omit the definition of “senior officer”.
156   (1)
Section 38 (police powers for police authority employees) is amended in
accordance with this paragraph.
      (2)
In the title, for “police authority employees” substitute “civilian staff”.
20
      (3)
In subsection (1), for the words from “designate” to “officer” substitute
“designate a relevant employee as an officer”.
      (4)
In subsection (7), for “An employee of a police authority” substitute “A
relevant employee”.
      (5)
After subsection (9) insert—
25
“(11)
In this section “relevant employee” means—
(a)
in the case of—
(i)
a police force maintained for a police area in
accordance with section 2 of the Police Act 1996, or
(ii)
the police force maintained for the metropolitan
30
police district in accordance with section 5A of that
Act,

a member of the civilian staff of that police force (within the
meaning of Part 1 of the Police Reform and Social
Responsibility Act 2011);
35
(b)
in any other case, a person who—
(i)
is employed by the police authority maintaining that
force, and
(ii)
is under the direction and control of the chief officer
making a designation under subsection (1).”.
40
157
In section 38A (standard powers and duties of community support officers),
in subsection (3), for paragraph (a) substitute—
“(a)
such persons as appear to the Secretary of State to represent
the views of police and crime commissioners; and”.

Police Reform and Social Responsibility Bill
Schedule 15 — Minor and consequential amendments in relation to Part 1
Part 3 — Other enactments
171

158   (1)
Section 39 (police powers for contracted out staff) is amended in accordance
with this paragraph.
      (2)
In subsections (1) and (2), for “police authority” substitute “local policing
body”.
      (3)
In subsection (11), for paragraph (a) substitute—
5
“(a)
such persons as appear to the Secretary of State to represent
the views of police and crime commissioners; and”.
      (4)
In subsection (13)(b), for “police authority” substitute “local policing body”.
159   (1)
Section 40 (community safety accreditation schemes) is amended in
accordance with this paragraph.
10
      (2)
In subsection (4)(a), for “police authority” substitute “local policing body”.
      (3)
In subsection (7), for “police authority” (in each place) substitute “local
policing body”.
160
In section 42 (supplementary provisions relating to designations and
accreditations), in subsection (7)—
15
(a)
for “police authority” (in each place) substitute “chief officer of police
or local policing body”;
(b)
for “that authority” substitute “that chief officer or body”.
161
In section 43 (railway safety accreditation scheme), in subsection (9), for
paragraph (c) substitute—
20
“(c)
such persons as appear to the Secretary of State to represent
the views of police and crime commissioners; and”.
162
In section 45 (code of practice relating to chief officers’ powers under
Chapter 1), in subsection (3), for paragraph (c) substitute—
“(c)
such persons as appear to the Secretary of State to represent
25
the views of police and crime commissioners; and”.
163   (1)
Section 51 (independent custody visitors for places of detention) is amended
in accordance with this paragraph.
      (2)
In subsections (1), (2)(a) and (3), for “police authority” substitute “local
policing body”.
30
      (3)
In subsection (6), for “police authorities” substitute “local policing bodies”.
      (4)
In subsection (7), for paragraph (a) substitute—
“(a)
such persons as appear to the Secretary of State to represent
the views of police and crime commissioners;”.
      (5)
In subsection (9), for “Police authorities” substitute “local policing bodies”.
35
164   (1)
In Schedule 3 (handling of complaints and conduct matters etc), Part 1
(handling of complaints) is amended in accordance with this paragraph.
      (2)
In paragraph 1—
(a)
in sub-paragraphs (1), (2)(b) and (5), for “police authority” substitute
“local policing body”;
40
(b)
in sub-paragraph (6), for “police authority” substitute “local
policing”.

Police Reform and Social Responsibility Bill
Schedule 15 — Minor and consequential amendments in relation to Part 1
Part 3 — Other enactments
172

      (3)
In paragraph 2(1)(a), (2), (5), and (6)(a) and (c), for “police authority”
substitute “local policing body”.
      (4)
In paragraph 3(1), (2), (3), (4) (in each place), and (6) (in each place), for
“police authority” substitute “local policing body”.
      (5)
In paragraph 4(3) (in each place), (5)(b), and (6), for “police authority”
5
substitute “local policing body”.
      (6)
In paragraph 5(1), for “police authority” substitute “local policing body”.
165   (1)
In Schedule 3 (handling of complaints and conduct matters etc), Part 2
(handling of conduct matters) is amended in accordance with this
paragraph.
10
      (2)
In paragraph 10(1)(a) (in each place) and (3), for “police authority” substitute
“local policing body”.
      (3)
In paragraph 11(1)(a), for “police authority” substitute “local policing body”.
      (4)
In paragraph 12—
(a)
in sub-paragraph (1), for “police authority” substitute “local policing
15
body”;
(b)
in sub-paragraph (5), for “police authority” substitute “local policing
body”;
(c)
in sub-paragraph (6), for “police authority” substitute “local policing
body”.
20
      (5)
In paragraph 13—
(a)
in sub-paragraph (1), for “police authority” substitute “local policing
body”;
(b)
in sub-paragraph (3)—
(i)
for “police authority” substitute “local policing body”;
25
(ii)
in sub-paragraph (b), for “police authority” substitute “local
policing body”;
(c)
in sub-paragraphs (5)(b) and (6)(a), for “police authority” substitute
“local policing body”.
      (6)
In paragraph 14(1), for “police authority” substitute “local policing body”.
30
166   (1)
In Schedule 3 (handling of complaints and conduct matters etc), Part 2A
(handling of death and serious injury matters) is amended in accordance
with this paragraph.
      (2)
In paragraph 14A(1), for “police authority” substitute “local policing body”.
      (3)
In paragraph 14B—
35
(a)
in sub-paragraphs (1)(a) and (5), for “police authority” substitute
“local policing body”;
(b)
in sub-paragraph (6), for “police authority” substitute “local policing
body”.
      (4)
In paragraph 14D(1), for “police authority” substitute “local policing body”.
40
167
In Schedule 4 (powers exercisable by police civilians), in paragraph 7
(confiscation of tobacco etc), for “police authority” substitute “local policing
body”.

Police Reform and Social Responsibility Bill
Schedule 15 — Minor and consequential amendments in relation to Part 1
Part 3 — Other enactments
173

Local Government Act 2003
168
The Local Government Act 2003 is amended as follows.
169
In section 23 (meaning of “local authority”), in subsection (1), for paragraph
(n) substitute—
“(n)
a police and crime commissioner;”.
5
170
In section 25 (budget calculations: report on robustness of estimates etc), in
subsection (3)—
(a)
in paragraph (d), omit “or”;
(b)
at the end of paragraph (e), insert “or
(f)
Schedule 1, 2 or 4 to the Police Reform and Social
10
Responsibility Act 2011”.
Children Act 2004
171
The Children Act 2004 is amended as follows.
172
In section 10 (co-operation to improve well-being: England), in subsection
(4)(b), for “the police authority” substitute “the local policing body”.
15
173
In section 11 (arrangements to safeguard and promote welfare: England), in
subsection (4)(h), for “police authority” substitute “local policing body”.
174
In section 25 (co-operation to improve well-being: Wales), in subsection
(4)(a), for “the police authority” substitute “the local policing body”.
175
In section 28 (arrangements to safeguard and promote welfare: Wales), in
20
subsection (1)(d), for “police authority” substitute “local policing body”.
Public Audit (Wales) Act 2004
176
The Public Audit (Wales) Act 2004 is amended as follows.
177
In section 12 (local government bodies in Wales), in subsection (1)—
(a)
in paragraph (f), for “police authority” substitute “police and crime
25
commissioner”;
(b)
after paragraph (f), insert—
“(g)
a chief constable of a police force maintained under
section 2 of the Police Act 1996 for a police area in
Wales;”.
30
178   (1)
Section 40 (documents relating to police authorities) is amended in
accordance with this paragraph
      (2)
In the title, for “police authorities” substitute “police and crime
commissioners and chief constables”.
      (3)
In subsection (1), for “police authority for” substitute “police and crime
35
commissioner for, or the chief constable of a police force maintained under
section 2 of the Police Act 1996 for,”;
      (4)
In subsection (2)—
(a)
for “police authorities” substitute “police and crime commissioners”;
(b)
for “police authority” substitute “police and crime commissioner”.
40

Police Reform and Social Responsibility Bill
Schedule 15 — Minor and consequential amendments in relation to Part 1
Part 3 — Other enactments
174

      (5)
After subsection (2) insert—
“(3)
If the Auditor General for Wales has sent a document (or a copy of a
document) relating to one or more chief constables of police forces
maintained under section 2 of the Police Act 1996 for a police area in
Wales, the Auditor General may send a copy of the document to the
5
persons to whom a copy of a document may be sent under
subsection (2).”.
179
In section 46 (performance standards: relevant bodies), in subsection (1)(d),
for “police authority” substitute “police and crime commissioner”.
Local Government and Public Involvement in Health Act 2007
10
180
The Local Government and Public Involvement in Health Act 2007 is
amended as follows.
181
In section 104 (application of Chapter 1 of Part 5: partner authorities), for
subsection (2)(e) substitute—
“(e)
the Common Council of the City of London in its capacity as
15
a police authority;”.
182
In section 123 (joint overview and scrutiny committees), in subsection (7) for
“a police authority” substitute “the Common Council in its capacity as a
police authority”.
183
In section 212 (entities controlled etc by local authorities), in subsection (7),
20
in paragraph (a) of the definition of “local authority”, after “that Act)” insert
“, apart from a police and crime commissioner”.
Local Democracy, Economic Development and Construction Act 2009
184
The Local Democracy, Economic Development and Construction Act 2009 is
amended as follows.
25
185
In section 23 (duty of public authorities to secure investment), in subsection
(2), for paragraph (j) substitute—
“(j)
the Common Council of the City of London in its capacity as
a police authority;”.
186
In section 35 (mutual insurance: supplementary), in subsection (2), for
30
paragraph (k) substitute—
“(k)
the Common Council of the City of London in its capacity as
a police authority;”.
Policing and Crime Act 2009
187
In the Policing and Crime Act 2009, in section 2 (Police Senior Appointments
35
Panel), omit subsection (1).
Equality Act 2010
188
The Equality Act 2010 is amended as follows.
189
In section 43 (interpretation of section 42), in subsection (3), for “police
authority” (in each place) substitute “local policing body or police
40
authority”.